N.H. Code Admin. R. He-E 720.04

Current through Register No. 25, June 20, 2024
Section He-E 720.04 - State Registry
(a) In accordance with these rules, upon request, BEAS shall provide confirmation of whether or not there is a match on the state registry to the following agencies and persons:
(1) Employers;
(2) Private citizens who:
a. Seek to employ or contract with another private citizen to provide personal care services; or
b. Wish to designate a prospective agent;
(3) Persons checking to see if their own names are included on the state registry;
(4) Courts in accordance with RSA 464-A:4,V(c); and
(5) Any individual, agency or program providing services to individuals.
(b) The agencies and persons identified in (a) (1) -(3) and (5) above shall complete and submit a consent form entitled "BEAS State Registry Consent Form," Form 3655 (April 2011) to request the confirmation of whether or not there is a match.
(c) The signature of the applicant, prospective agent, or person completing Form 3655 shall signify authorization for the release of the information in (f) below to the agency or person who is identified on the form.
(d) Confirmation of a match shall be confidential, and notification shall be released in accordance with (f) below with a completed consent form as described in (b) and (c) above.
(e) The information contained on the state registry shall be retained for a period of 7 years, except upon receipt of an order from the probate division of the circuit court that grants a perpetrator's request to have the information on the state registry expunged.
(f) Notification to the agencies or persons identified in (a) above who request state registry information shall include:
(1) Confirmation of whether or not there is a match; and
(2) If there is a match, information on how to request a waiver for employment.
(g) Third party agencies or persons, such as an employment agency, and agencies not providing services to individuals shall be prohibited from accessing the information contained on the state registry.

N.H. Code Admin. R. He-E 720.04

#10191, eff 9-27-12